Whose is responsible for cemeteries and their upkeep?

Published 02/24/2010 07:47 AM   |    Updated 02/24/2010 07:47 AM
Whose is responsible for cemeteries and their upkeep?
Cemeteries fall under a few categories on who is responsible for them. If someone is paying property taxes on them, that individual or corporation is responsible for the cemetery. There are no state laws that describe the techniques for preservation of cemeteries and gravestones or how they should be maintained - which means they are not required to cut the grass and fix the broken tombstones. Also, there is nothing in Indiana law that says a private landowner has to allow you onto property to visit a cemetery - even if those buried there are your ancestors.

Cemeteries might be owned by a local governmental agency. If owned by a town, city or county there are no state laws that describe the techniques for preservation of cemeteries and gravestones or how they should be maintained.

If the cemetery is owned by the township (or there are no taxes being paid on the property and no not-for-profit like a church to care for the cemetery) then there are a few things state law requires the township to do. They must fence the cemetery, straighten the leaning tombstones, keep down noxious weeds, and level the ground.
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